HomeMy WebLinkAboutAGENDA REPORT 2004 1215 CC REG ITEM 10KITEM 10 . K.
CITY OF MOORPt.RM, GAL -C RNUA
City Council Meeting
MOORPARK CITY COUNCIL of IOC �� � 4O `
AGENDA REPORT ACTION:_( 1u AZ1&.d 4
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, ATCM /City Clerk
Prepared by: Blanca Garza, Deputy City Clerk +(7'
DATE: December 1, 2004 (CC Meeting of 12/15/2004)
SUBJECT: Consider Rejection of Claims: Gail Martin, Jr., Bettina Martin
and Alyson Martin; Scott Gould and Brandon Gould; Robert
Szczepanek, Terez Szczepanek, Nicole Szczepanek and Kristen
Szczepanek; Randal Ewing, Jana Ewing, Reilly Ewing, Raquel
Ewing, Rebecca Ewing and Roxanne Ewing; Toros Panossian;
Moorpark Assembly of God (Owner: Randy Sugarman) ; Mark
Shelton, Lashaun Shelton, Amber Shelton and Alana Shelton; Jim
Falsey and Kirsten Forga -cs; Richard O'Dea, Alicia O'Dea,
Jessica O'Dea, Aimee O'Dea, Danielle O'Dea and Dana O'Dea
BACKGROUND
On November 4, 2004, the City received the above referenced Governmental
Tort Claims. The claims were forwarded to the City's claims adjuster for
review.
DISCUSSION
The stated reason for the claims is for property damages, as listed in
the claims, from construction activities by the Calleguas Municipal Water
District and its contractors who have participated in the Las Posas
Feeder project, and all claims also state "...request and /or reserve the
right to request compensation for the following: a) emotional distress
damages; b) pain and suffering; c) medical and health care related
expenses, past, present, and future; d) reasonable cost of
rehabilitation, if any; e) attorney -fees necessitated by the wrongful
conduct of the entities and individuals against whom claim is made; f)
cost of suit, including, but not limited to reasonable costs for
consultants (e.g., engineers, accountants, contractors, appraisers, etc.)
and /or, g) all other damages proximately caused by the acts and /or
omissions of the entities and individuals against whom this claim is
made." The City's claim adjuster has recommended that a standard
rejection letter be sent to the claimants. The City of Moorpark has no
responsibility for the Calleguas Las Posas Feeder project.
STAFF RECOMMENDATION
Reject the claims and direct staff to send a standard rejection letter to
the claimants.
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